Personal Restraint Petition Of Jonathon Levi Dunn
49891-0
| Wash. Ct. App. | Nov 7, 2017Background
- Jonathan Levi Dunn was convicted in 2013 of multiple drug and firearm offenses, including two counts of unlawful possession with intent to deliver (each with school bus route stop and firearm enhancements) and unlawful possession of a firearm in the first degree.
- Dunn has a prior first-degree robbery conviction that included a deadly-weapon enhancement based on a knife.
- Dunn filed a personal restraint petition (timely) challenging sentencing and trial issues, including firearm enhancement calculation, consecutive school-bus-stop enhancements, prosecutorial disclosure of photographs, and alleged ineffective assistance of counsel.
- The State conceded an error regarding running the two 24-month school bus route stop enhancements consecutive to each other under State v. Conover.
- The court reviewed statutory enhancement schemes and ineffective-assistance standards and remanded for resentencing limited to the school bus route stop enhancements; all other claims were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prior deadly-weapon enhancement must be for a firearm to trigger doubling of current firearm enhancement under RCW 9.94A.533(3)(d) | Dunn: doubling applies only if prior deadly-weapon enhancement was for a firearm | State: doubling applies regardless of type of deadly weapon used in prior conviction | Held: Doubling applies even if prior deadly-weapon enhancement involved a non-firearm (knife); Dunn’s reading was incorrect |
| Whether counsel was ineffective for not contesting the above statutory interpretation at trial | Dunn: counsel should have argued the doubling did not apply because prior weapon was not a firearm | State: counsel’s performance not shown deficient; no prejudice shown | Held: Denied—Dunn failed to show deficient performance or prejudice under Strickland/McFarland |
| Whether two 24-month school bus route stop enhancements must run consecutively | Dunn: trial court ran them consecutive; argues this was error | State: concedes that running them consecutive was error under Conover | Held: Grant relief in part—remand for resentencing consistent with Conover (not consecutive as previously imposed) |
| Whether prosecutor committed misconduct by disclosing photographs only the morning of trial | Dunn: late disclosure of possibly exculpatory photos was prosecutorial misconduct | State: undisputed late disclosure but no objection or motion for continuance by Dunn | Held: Denied—Dunn did not object or show prosecutorial misconduct or prejudice |
| Whether counsel was ineffective for not investigating witnesses, truck search, and late interview of defense witness | Dunn: counsel failed to interview police, inspect the truck, and properly prepare witness | State: presumption that counsel’s performance was reasonable; no showing of prejudice | Held: Denied—Dunn did not overcome strong presumption of reasonable performance or show different outcome probable |
Key Cases Cited
- State v. McFarland, 127 Wn.2d 322, 899 P.2d 1251 (standard for ineffective assistance claims in Washington)
- Strickland v. Washington, 466 U.S. 668 (federal ineffective assistance of counsel standard)
- State v. Conover, 183 Wn.2d 706, 355 P.3d 1093 (school bus stop enhancements sentencing rule)
- State v. Grier, 171 Wn.2d 17, 246 P.3d 1260 (presumption of reasonable trial counsel performance)